Item - 2024.TE10.42

Tracking Status

  • City Council adopted this item on February 6, 2024 with amendments.
  • This item was considered by Toronto and East York Community Council on January 24, 2024. It is being forwarded to City Council without recommendations. It will be considered by City Council on February 6, 2024.

TE10.42 - 316 Bloor Street West - Request for City Solicitor to Attend at the Toronto Local Appeal Body

Decision Type:
ACTION
Status:
Amended
Ward:
11 - University - Rosedale

City Council Decision

City Council on February 6 and 7, 2024, adopted the following:

 

1. City Council authorize the City Solicitor to both appeal and attend the Toronto Local Appeal Body, with appropriate City staff, in order to determine whether the variances approved by the Committee of Adjustment regarding the proposed development at 316 Bloor Street West (Application Number A0597/23TEY) were “minor”.

 

2. City Council authorize the City Solicitor to retain outside consultants as necessary.

 

3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding Application Number A0597/23TEY respecting 316 Bloor Street West, including amending the existing section 37 Agreement for the subject site, if such a resolution can be reached, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, including withdrawing the Minor Variance Appeal, at the City Solicitor's discretion, after consultation with the Ward Councillor and the Director, Community Planning, Toronto East York District.

Background Information (Community Council)

(January 4, 2024) Letter from Councillor Dianne Saxe on 316 Bloor Street West - Request for City Solicitor to Attend at the Toronto Local Appeal Body
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-242002.pdf
Attachment 1 - Notice of Decision of the Committee of Adjustment
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-242003.pdf
Attachment 2 - Planning Staff Report to the Committee of Adjustment
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-242004.pdf

Communications (Community Council)

(January 20, 2024) Letter from Rita Bilerman, Chair, Annex Residentsí Association (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-176602.pdf
(January 23, 2024) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-176684.pdf
(January 22, 2024) Letter from Sue Dexter, Harbord Village Residentsí Association (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-176903.pdf

Communications (City Council)

(February 5, 2024) E-mail from David Sisam (CC.Supp)
(February 5, 2024) Letter from Susan Dexter, Harbord Village Residents' Association (CC.New)
https://www.toronto.ca/legdocs/mmis/2024/cc/comm/communicationfile-177392.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Dianne Saxe (Carried)

That City Council adopt Recommendations 1 and 2 in the letter (January 4, 2024) from Councillor Dianne Saxe on 316 Bloor Street West - Request for City Solicitor to Attend at the Toronto Local Appeal Body:

 

1. City Council authorize the City Solicitor to both appeal and attend the Toronto Local Appeal Body, with appropriate City staff, in order to determine whether the variances approved by the Committee of Adjustment regarding the proposed development at 316 Bloor Street West (Application Number A0597/23TEY) were “minor”.


2. City Council authorize the City Solicitor to retain outside consultants as necessary.


2 - Motion to Amend Item moved by Councillor Dianne Saxe (Carried)

That:

 

1. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding Application Number A0597/23TEY respecting 316 Bloor Street West, including amending the existing section 37 Agreement for the subject site, if such a resolution can be reached, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, including withdrawing the Minor Variance Appeal, at the City Solicitor's discretion, after consultation with the Ward Councillor and the Director, Community Planning, Toronto East York District.

TE10.42 - 316 Bloor Street West - Request for City Solicitor to Attend at the Toronto Local Appeal Body

Decision Type:
ACTION
Status:
Without Recs
Ward:
11 - University - Rosedale

Community Council Recommendations

The Toronto and East York Community Council forwards the Item to City Council without recommendations.

Origin

(January 4, 2024) Letter from Councillor Dianne Saxe

Summary

The applicant applied to the Committee of Adjustment requesting variances from Site Specific Zoning By-law 595-2021(OLT), as amended by City Wide By-law 569-2013 (Application Number A0597/23TEY), including variances to height, maximum permitted gross floor area, and minimum amenity space.

 

Site Specific By-law No. 595-2021 (OLT) zones the subject property to permit a 29-storey mixed-use building of 98 metres. The applicant applied to permit a mixed-use building of 121.4 metres.

 

On December 13, 2023, the Toronto East York Panel of the Committee of Adjustment approved the requested variances, with conditions including a cash contribution allocated towards community facilities, recreation, cultural space, and/or streetscape improvements within Ward 11 (the “Decision”). (Decision in Attachment 1).

 

In its report dated December 4, 2023, City Planning Staff commented that they had no objections to the proposed variances. Staff recommended that the Owner make a cash contribution to the City of Toronto, should the Committee of Adjustment approve the variances. (Staff Report in Attachment 2).

 

This letter will authorize and direct the City Solicitor to appeal and to attend the Toronto Local Appeal Body, along with appropriate City staff, in order to oppose the Committee of Adjustment’s decision, on the ground that the variances were not minor. This Motion will also authorize the City Solicitor to retain outside consultants and to resolve the matter on behalf of the City in her discretion.

 

This matter is time sensitive and urgent as the City Solicitor has already appealed the Decision to the Toronto Local Appeal Body in order to preserve the City’s statutory right and requires instructions to appeal and attend the hearing for this matter.

Background Information

(January 4, 2024) Letter from Councillor Dianne Saxe on 316 Bloor Street West - Request for City Solicitor to Attend at the Toronto Local Appeal Body
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-242002.pdf
Attachment 1 - Notice of Decision of the Committee of Adjustment
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-242003.pdf
Attachment 2 - Planning Staff Report to the Committee of Adjustment
https://www.toronto.ca/legdocs/mmis/2024/te/bgrd/backgroundfile-242004.pdf

Communications

(January 20, 2024) Letter from Rita Bilerman, Chair, Annex Residentsí Association (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-176602.pdf
(January 23, 2024) Letter from Geoff Kettel and Cathie Macdonald, Co-Chairs, Federation of North Toronto Residents' Associations (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-176684.pdf
(January 22, 2024) Letter from Sue Dexter, Harbord Village Residentsí Association (TE.Supp)
https://www.toronto.ca/legdocs/mmis/2024/te/comm/communicationfile-176903.pdf

Speakers

David Bronskill, Goodmans LLP
Sue Dexter, Harbord Village Residentsí Association

Motions

Motion to forward item Without Recommendations moved by Councillor Dianne Saxe (Carried)

That the item be forwarded to City Council without recommendation.

Source: Toronto City Clerk at www.toronto.ca/council